Terms and Conditions

Access to and use of Gespo.in and the products and service available through the Website are subject to the following terms, conditions, and notices ("Terms of Service"). By browsing through these Terms of Service and using the services provided by our Website (www.gespo.in), you agree to all terms of service along with the Privacy Policy on our Website, which we may update from time to time. 

Please check this page regularly to take notice of any changes we may have made to the Terms of Service.

We reserve the right to review and withdraw or amend the services without notice. We will not be liable if, for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this entire Website.

Introduction

The domain name www.gespo.in is a site operated by Frost Clothings, a company incorporated under the laws of India with our registered office at E-67, Block: E, Sector - 7, Gautam Buddh Nagar, Noida - 201301, Uttar Pradesh.

Usage of website

These terms are the only conditions that apply to the use of this website and they replace all other conditions, except with the express, prior written agreement of the vendor. 

These terms are important as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that by placing your order, you unreservedly accept these terms, having read them.

You are agreeing that:

1. You will only use the website to make ethical inquiries and product orders.
2. You will not make any fraudulent, false or suspicious orders. If we are reasonable of the moment that such an order has been made, we are fully entitled to cancel it and inform the relevant authorities.
3. You also pledge to provide correct and accurate e-mail, postal and/or other contact details to us and accept that we may use these details to contact you if it feels necessary. (see our Privacy Statement for detailed info).
4. If you do not provide us complete information we require to process your order, then we would not be able to deliver the requested product. 
5. The service is not available to minors under the age of 18 or to any users suspended or removed from the system by GESPO for any reason.
6. You are completely prohibited from selling, trading or otherwise transferring your GESPO account to another party. 

Services

Gespo is an online Indian retailer that offers apparel and lifestyle products at affordable pricing value. The items we offer on this website are only available in India. When purchase a variety of products, Gespo.in shall ship the product to you and you'll be entitle to its payment for the service.

Additionally, we may provide you with information about other services, we consider similar to those that you are either already using, or have enquired about, or that may interest you or any combination thereof. 

Upon registering with us, We may contact you by electronic means (i.e. either e-mail or SMS or telephone or any combination thereof) to inform about these services.

Contract Formation Procedure

The information set out in the terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted. 

If we do not accept your order and funds have already been deducted from your account, these will be fully refunded.

To place an order, You will be required to follow the shopping process online and press the "Authorize Payment" button to submit the order. Post this, You will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). 

Please note that we will confirm the shipment by sending an email that confirms that the product has been dispatched (the "Shipment Confirmation"). The contract for the purchase of a product between us will only be formed when we send you the Shipment Confirmation.

The brand holds the authority of checking the authenticity of the order by call or email. On any dissatisfaction/authenticity/no response from the customer of the order been placed, the brand holds the rights to cancel the order.

The contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate shipment confirmation.

Third Party Website and Content

Our website provides links for sharing our content on Facebook, twitter and other such third party website. These are only for sharing and/or listing purpose and we take no responsibility of the third party websites and/or their contents listed on our website (www.gespo.in ) and disclaim all our liabilities arising out of any or all third party websites.

We disclaim all liabilities and take no responsibility for the content that may be posted on such third party websites by the users of such websites in their personal capacity on any of the above mentioned links for sharing and/or listing purposes as well as any content and/or comments that may be posted by such user in their personal capacity on any official webpage of Gespo on any social networking platform.

Products Availability

All orders for products are subject to availability. However, incase their is an event of difficulty in supply or because products are out of stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. 

If you do not like or wish to order such substitute products, we agree to refund your total money amount that you might have paid.

Order Refusal

We reserve complete right to withdraw any products from this website at any time or remove or edit any materials or content on our website gespo.in. 

Whilst we will make our best efforts to always process all the orders, there may be some rare circumstances in which we may need to refuse your order processing after sending you an order confirmation, which we reserve the right to do at any time, at our sole discretion.

We will not be held liable in any manner to you or any other third party for withdrawing any product from this website, whether it has been sold or not, or removing or modifying any materials or content on this website or for denial to process or accept an order even after we have sent you the order confirmation.

Order Cancellation

If you are contracting as a consumer, you may cancel a contract at any time before the dispatch of goods. In this case, You shall receive a full refund of the price paid for the products, following our Returns Policy. The return of a gift/credit coupon shall be governed by the use conditions of the Gift Card.

Your right to cancel a contract only applies to products that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Any product which is damaged or not in the same condition as you received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession.

You will not have any right to cancel a Contract for the supply of any of the following products:

• Customized items
• Products whose original wrapping has been removed

Please take good and reasonable care of the products whilst in your possession, and where possible original boxes, instructions/documents and wrappings should be retained and used for the return of the products.

Product Delivery

You will be given various options for delivery of items during the order process. The options available to you will vary depending on where you are ordering from.

An estimated delivery time will be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. 

Sometimes, delivery may take longer due to unforeseen circumstances. In such cases, we will proactively reach out to you by e-mail and SMS. However, we will not be able to compensate for any mental suffering caused due to delayed delivery.

If we are unable to deliver the goods after two attempts by default as a delivery practice by our carrier, the delivery person shall also coordinate on the telephone number provided by you. 

Still, if the parcel is not being received by someone at the address given, then the parcel shall return to the brand and a refund shall be issued in case of prepaid only.

Title & Risk

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery, whichever is the latter.

The brand also has a sealed box packaging practice. The customer is requested and has the liberty to refuse the parcel if the condition of the packaging is found to be in damaged/tampered /open/soiled condition. In such cases, the brand also needs to be notified in writing only on our mail support@gespo.in email

On such refusal, the brand shall make arrangements to dispatch new merchandise ( if holding stock ) or issue a refund to the client, which is in the case of prepaid registered orders only.

Upon assuring on the condition of the parcel and duly accepting the consignment, the brand does not take responsibility for the goods or their condition once the parcel is received by the customer.

 

Price and Payment

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or canceling it. 

If we are unable to contact you, the order will be treated as canceled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent You an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by you as such. The prices displayed on our website include taxes.

Gespo owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.

We reserve the right to decline orders for bulk or high-value purchases and to change price and availability information without notice.

Coupons & Vouchers

It is at the brand’s discretion to send out promotional coupons and gift vouchers. Users can be disqualified under the terms for sending out coupons and vouchers.

Coupons and Gift Vouchers will be disabled in the event of Sale promotions or End of Season Sale. However, any coupons available with the user can be used post the Sale promotion and End of Season Sale gets over.

Any use of Coupon and Vouchers are governed by Gespo and can be withdrawn at any time.

Checkout Process

Once you have finished shopping, all the items you wish to purchase are added to your cart. Your next step will be to go through the checkout process and make payment. To do this:

• Register/Login
• Click the "CART" button at the top of the page.
• Click on the "Checkout" button.
• Fill in or check your contact details, the details of your order, the delivery address, and the invoicing address.
• Enter the details of your card.
• Click on "Authorize payment"

You can pay using any Indian cards. Similarly, you can pay all or part of the price of your order with a gift card or a credit voucher issued by Gespo. The charge will be made the moment we confirm the order.

If you click on "Authorize Payment" you are confirming that the card belongs to you or that you are the legitimate holder of the gift card or the credit voucher card.

Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery.

Disclaimers & Liability 

Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.

 Nothing in these terms shall exclude or limit in any way our liability:

• For death or personal injury caused by our negligence;
• For fraud or fraudulent misrepresentation;
• For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and the fullest extent permitted by law, and unless otherwise stated in these terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limitation) for any:

• Loss of income or revenue;
• Loss of business;
• Loss of profits or contracts;
• Loss of anticipated savings;
• Loss of data; and
• Waste of Management or office time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

All product descriptions, information, and materials posted on this website are provided "as is" and without warranties express, implied, or otherwise howsoever arising.

To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind.

Nothing in this clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form. 

If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or GESPO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GESPO has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). 

If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. 

You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify GESPO immediately of any unauthorized use of your account or any other breach of security. GESPO reserves the right to refuse service, terminate accounts or remove or edit content at its sole discretion.

Intellectual Property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to make a copy of any order or contract details.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights

Notices

All notices are given by you we should be given to us via our mail support@gespo.in. Subject to and as otherwise specified, we may give notice to you at either the e-mail or postal address you provide to us when placing an order.

Notice will be deemed received and properly served immediately when mailed to us, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The Contract between you and us is binding on you and us and our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

Events & Circumstances outside our control

We will not be liable or responsible for any failure to perform or delay in the performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

• Government Lockdown
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters.
• Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations, or restrictions of any government.
• Any shipping, postal, or other relevant transport strikes, failure, or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Serviceability

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between You and us, whether oral or in writing.

Both You and us acknowledge that, in entering into this Contract, neither You nor we have relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between You and us before such Contract except as expressly stated in these Terms.

Neither You nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

Our authority and right to vary these terms

We have the right to revise and amend these Terms from time to time.

You will be subject to the policies, Terms in force at the time that You order products from us unless any change to those policies, Terms, or Privacy Statement is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You).

Prohibitions/Restrictions

The following actions will be considered as misuse of the website, and are thus prohibited:

• Transmission or distribution of technologically harmful data like virus, malicious software, Trojan, etc.;
• Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual;
• Transmission of junk mails, spam, or chain letters;
• Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• Posting unsolicited promotional or advertising content;
• Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way;
• Promoting an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to a pirated music file, providing or creating computer viruses;
• Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting a video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).

Registration and Security

• Once registered, you will receive a confirmation mail at your registered email address.
• You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
• You will notify GESPO of any unauthorized use of your password or account or any other breach of security.
• GESPO cannot and will not be liable for any loss or damage arising from your failure to comply.

Linking to the website

You may provide links to our website homepage. However, it should not suggest our association with you in any form or the other. Also, doing so must not bring any legal or reputation damage to our website.

Jurisdiction and Law

Contracts for the purchase of products through our site will be governed by Indian law.

Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Bangalore courts.

If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

This agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be Delhi.

Feedback

We always welcome your comments and feedback. All these will eventually help us improve our services and become a better brand for Indian consumers. Please send all feedback and comments to us via our mail support@gespo. in

Marketing and Advertising Communication

Giving acceptance for the newsletter subscription at the checkout page entitles us to send all GESPO Promotional content to the registered users like newsletters, SMS, emails, WhatsApp, RCS, etc.

Notwithstanding User’s registration with National Do Not Call Registry (In Fully or Partly blocked category under National Customer Preference Register set up under Telecom Regulatory Authority of India), User hereby expresses his interest and accord its willful consent to receive communication (including commercial communication) in relation to gespo.in. User further confirms that any communication, as mentioned herein above, shall not be construed as Unsolicited Commercial Communication under the TRAI guidelines and User has specifically opted to receive communication in this regard on the telephone number provided by the User.